Puerto Rico Domain Name Infringement Letter
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FAQ
Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date].
In relation to this general concept, domain name trademark infringement thus occurs when a person or entity acquires and/or uses a domain name that is otherwise protected by a trademark.
Trademarks are registered only for specific goods and services; domain names are not. So, for example, only one person in the world can own delta.com, even though many companies own a trademark registration for the word DELTA for various goods and services.
Once a trademark owner becomes aware that a third party is infringing its trademark, the first step frequently is to send the infringing party a cease and desist letter as opposed to immediately resorting to filing a legal complaint, seeking a declaratory judgment, or filing a temporary restraining order.
But when someone intentionally tries to violate your trademark by registering a domain under false pretenses?a practice commonly known as ?cybersquatting??there are legal remedies available to enforce your intellectual property rights.
Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date].
A domain name cease and desist letter is usually written by an attorney, although sometimes it's written by the trademark owner. The letter is not a court order, so it isn't legally enforceable. The letter contains your opinion, while notifying the offender that they're intruding upon your trademark.
This type of domain infringement is similar to cybersquatting but occurs when the domain name holder registers a famous trademark. Competing use. Courts have prohibited such behavior from occurring. But competing claims is a complex field that still gets tangled up in many legal disputes.
